HomeMy WebLinkAbout20240987 131 Middle Ave Single Family Construction Public Comment (2)9/24/25
Mark and Debbie Dillon
Property owners of - 129 middle ave.
Saratoga NY 12866
Zoning Board of Appeals
47413roadway
Saratoga Springs NY 12866
Re: Opposition to Area Variance Request for Tax map-166.46.3.5.2 / 131 Middle
Avenue
Dear Members of the Zoning Board of Appeals,
I write to formally oppose the request for an area variance on the vacant parcel adjoining
my property at 129 middle ave. As you know, applications for area variances must be
evaluated under New York Town Law § 267-b(3) (b), which sets forth five balancing factors.
This application does not satisfy those legal requirements:
1. "Undesirable Change to the Neighborhood** - Allowing a home to be constructed on a
lot that has remained vacant due to nonconformity would alter the established character of
the street and set a negative precedent.
2. **Detriment to Nearby Properties** - The proposed structure would significantly impair
my safe use of my driveway and parking area. This impact is not speculative; it is a direct,
practical detriment to my property rights and enjoyment.
3. **Feasible Alternatives Exist** - The applicant could enlarge the lot through acquisition
of adjoining property or pursue permitted non-residential uses. Granting this variance is
not the only option.
4. "Substantial Nature of the Variance** - This is not a minor dimensional request. It is a
substantial deviation, effectively converting a non -buildable lot into a buildable one.
S. "Self -Created Hardship** - Any hardship is self-created, as the applicant acquired the
parcel knowing its non -buildable status. Under the statute, this weighs against granting
relief.
For these reasons, I respectfully urge the Board to deny the variance request in order to
preserve the intent of the zoning code, protect the character of the neighborhood, and
prevent direct harm to my property.
Thank you for your careful consideration.
Respectfully,
Xa4
Mar Dillon
518-573-2090
Mark
Dillon
Kimberly R
Southern
1'
Wo